Emanuel Law Outlines for Constitutional Law

by Emanuel, Steven L.

• ISBN13: 9798894104263
• ISBN10: 8894104265
• Edition: 42nd
• Format: Paperback
• Copyright: 2025-03-10
• Publisher: Aspen Publishing

Summary

ABOUT THE BOOK—TOOLS TO SUCCEED 

• The Capsule Summary provides a quick reference summary of the key concepts covered in the full Outline.
• The detailed course Outline with black letter principles supplements your casebook reading throughout the semester and gives structure to your own outline.
• The Quiz Yourselffeature includes a series of short-answer questions and sample answers to help you test your knowledge of the chapter’s content. 
• Exam Tips alert you to issues and commonly used fact patterns found on exams.
• The Casebook Correlation Chart correlates each section in the Outline with the pages covering that topic in the major casebooks.

INCLUDED IN THIS NEW EDITION OF CONSTITUTIONAL LAW EMANUEL® LAW OUTLINE
Coverage of key 2023–2024 Supreme Court developments, including:

• Trump v. U.S., holding that Presidents are entitled to at least a presumption of immunity from criminal prosecution for their official acts. In some contexts, the immunity is absolute, and in others, the President benefits from a strong “presumption of immunity” that will be difficult for the prosecution to rebut.
• U.S. v. Rahimi, a Second Amendment case, holding that government may restrict certain persons from owning guns. However, the restriction must be “relevantly similar” to restrictions that existed in 1791.
• Moody v. NetChoice, LLC, indicating that government likely violates the free-expression rights of a social media platform if government enacts an “anti-censorship” rule that requires the platform to include third-party posts that the platform wants to keep off the site.
• Murthy v. Missouri, a case about standing, holding that a plaintiff does not have standing unless she can show that a favorable outcome in the suit would “redress” the harm from whatever action (usually a government action) the plaintiff is challenging.

Table of Contents

SUMMARY OF CONTENTS


Table of Contents
Preface
Casebook Correlation Chart
Capsule Summary  

1. INTRODUCTION  
2. THE SUPREME COURT’S AUTHORITY
3. FEDERALISM AND FEDERAL POWER GENERALLY
4. THE FEDERAL COMMERCE POWER
5. OTHER NATIONAL POWERS
6. TWO LIMITS ON STATE POWER: THE DORMANT COMMERCE CLAUSE
AND CONGRESSIONAL ACTION
7. INTERGOVERNMENTAL IMMUNITIES AND INTERSTATE RELATIONS
8. SEPARATION OF POWERS
9. DUE PROCESS OF LAW
10. EQUAL PROTECTION
11. MISCELLANEOUS CLAUSES: 14TH AM. PRIVILEGES OR IMMUNITIES; TAKING; CONTRACT; RIGHT TO BEAR ARMS; EX POST FACTO; BILLS OF ATTAINDER
12. STATE ACTION
13. CONGRESSIONAL ENFORCEMENT OF CIVIL RIGHTS
14. FREEDOM OF EXPRESSION
15. FREEDOM OF RELIGION
16. JUSTICIABILITY

Table of Cases
Subject Matter Index